Complaint against Shinde is 'motivated': Delhi police

February 06, 2013 17:30 IST

The Delhi police on Wednesday opposed in a Delhi court a complaint seeking lodging of FIR against Union Home Minister Sushil Kumar Shinde for his remarks on ‘Hindu terror’ saying it was ‘motivated’ and bears ‘misrepresentation of facts’.

In an Action Taken Report filed before Metropolitan Magistrate Viplav Dabas, the police said evidence supplied by complainant Vivek Garg, an RTI activist, does not ‘disclose any offence worth (taking) cognizance by the police’.

"In view of the above noted facts, it seems that the present (Garg's ) complaint/petition is motivated and bears misrepresentation of facts. It disclose no cognisable offence ...," the police said in its two-page ATR filed in the court which posted the matter for further arguments on February 11.

Garg had filed a complaint seeking registration of FIR against Shinde for ‘making imputations prejudicial to national integration, uttering words with deliberate intent to wound religious feelings of Hindus, defaming them, and insulting their religion and beliefs’.

Garg had also sought registration of FIR against Shinde for ‘promoting enmity between different groups on grounds of religion and wantonly giving provocation with intent to cause religious riots.

In its ATR, the police said on January 28 this year, Garg had filed a similar complaint at Maurice Nagar police station and since its contents were ‘vague’ and ‘not specific’, it was analysed and legal opinion was taken from the chief public prosecutor.

"From the transcription of the speech, it is nowhere reflected that the Home Minister intended to incite any class of community or person to commit any offence against any other class or community.

"Further, the uttering of the words with the deliberate intention of wounding the religious feelings of other persons is an offence, but the same is lacking in the speech," the ATR said.

It further said that ‘when the speaker with deliberate or malicious intention of outraging the religious feelings of any class of citizen of India insults or attempts to insult the religion or religious beliefs of that class is an essential ingredient which is also not there in the given set of facts’.

Garg had earlier referred to Lashkar-e-Tayiba founder Hafiz Saeed's comments on Shinde's statements and had told the court that his remarks have "given a boost to international terrorists".

Accusing him of playing vote bank politics, Garg had said that Shinde, being the home minister, is under a duty to maintain peace, law and order in the country.